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Question about liability, etc. . ..

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  #1  
Old 07-19-2009, 09:52 PM
episodic episodic is offline
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Question about liability, etc. . ..

I'm wanting to start a small hobby business on the side. Basically, I want to sell gallery wraps to people after I have digitally painted their image - specializing in portraits or pets.

They would supply the image.

I would advertise and explain to them it had to be their image - not one taken by a photographer at a studio unless they got permission from him in writing that I could verify with a phone call.

What I'm concerned about is can I make a form of some sort that will protect me and allow them to 'swear' it is their image and that they own the copyright? That way if someone comes back and says I messed with their copyrighted image I can pull that out and the blame would go back on the client.

Thanks for information.
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Old 07-20-2009, 01:07 AM
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Doug Nelson Doug Nelson is offline
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Re: Question about liability, etc. . ..

The blame would go back to the client, but the lawsuit would still come to you. You'd then have a good legal case for your own lawsuit against the client, and a good defense, but in the meantime you have double legal bills. And who is going to win a larger case, Getty images (or whomever) vs. you, or you vs. your client?
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Old 07-20-2009, 01:23 PM
episodic episodic is offline
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Re: Question about liability, etc. . ..

So what is the answer to things like this. I know there are other hobby painters that do things on the side like this. What is their strategy (I'd love to hear from folks doing this). . .

How can I do something I love to do with a profit motive if I am scared to death of a lawsuit? I guess I need to get a DSLR and take the pictures myself? Then I'm moving into photographer territory - and I don't really want to mess with all that. . .
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Old 07-20-2009, 01:43 PM
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Doug Nelson Doug Nelson is offline
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Re: Question about liability, etc. . ..

Every businessperson has to overcome fear. Absolute safety is an illusion. A form like you mentioned is a good idea, I just didn't want you to think it made you bulletproof.

But taking the images yourself is an excellent idea.
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